By: Linda L. Goodman
Barack Obama’s administration will push the U.S. Congress to enact legislation to give European Union citizens the right to bring private causes of action against American Companies in the United States if they think their private data has been released or misused, the U.S attorney general Eric Holder said on Wednesday.
Allegations of vast U.S. spying programs have apparently complicated EU-U.S. ties at a delicate moment in transatlantic relations as Germany and the US negotiate a free-trade pact that would encompass almost half the world’s economy. Eric Holder, who was in Greece for a meeting with his European Union counterpart, told reporters that the Obama administration is committed to making sure that “EU citizens would have the same right to seek judicial redress” on privacy issues that U.S. citizens would have. But remember, the EU citizen has greater rights on privacy than the US citizen. So, the reality is that the Attorney General will allow an EU citizen to sue a US marketer in a US court for enforcement of EU laws.
The good news – No bill has yet been introduced and in this election year, it will not be passed. But it is important to watch this issue closely because support for the legislation is part of a deal under which European countries are expected to share certain personal data with U.S. authorities for law enforcement purposes. This deal has been in the making since 2011 allegedly as part of both countries efforts to crack down on terrorism. Giving EU citizens who do not live in the United States the right to go to U.S. courts has been a sticking point to closing the personal data protection agreement and exchange.
EU Justice Commissioner Viviane Reding said Holder’s announcement was “an important step in the right direction,” but called on Washington to follow through on its promise. “Words only matter if put into law. We are waiting for the legislative step,” Reding said. “EU-U.S. relations have been strained lately in the aftermath of the Snowden revelations but we have worked very hard to restore trust,” EU Home Affairs Commissioner Cecilia Malmstrom said at a news conference after the Athens meeting.
This disclosure follows the recent FTC enforcement of violations by U.S. Companies who registered with the “Safe Harbour.” The “Safe Harbour” agreement currently allows U.S. companies to gather customer information in Europe and send it to the United States, and keeping it beyond the EU’s legal jurisdiction, as long as certain criteria are met. You should expect this agreement to change as well.
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This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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